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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Feb 22, 2009 12:45am
Forum: feature_films Subject: Re: Jean-Luc Godard

Hg80:

It is your responsibility as an Internet Archive user to ensure that the items you upload are acceptible to the terms and conditions set out in the Archive's terms of use. Under the Digital Millenium Copyright Act the uploader, host and downloader are equally responsible for online copyright infringement. A film being on Google Video or YouTube (they are essentially the same now) is never a credible basis on which to assume its public domain status. No matter how long it survives on there. Even if a copyright owner does not have the resources to pursue each and every infringement it does not create a virtual public domain status.

The Archive is mostly administered by a small group of dedicated volunteers, but they lack the resources and time to check the status of every film uploaded. Their primary role is to remove obvious copyright infringement. Brand new movies, TV shows, wrestling videos, etc. The responsibility for checking the film firstly rests with the uploader. If the uploader is uncertain, or requires assistance in finding the exact status, they should enquire about the film in the forum.

Very few European films are genuinely public domain in the US. Finding out the status of a foreign (non US) film requires a knowledge of international copyright law, national copyright laws, bi-partisan treaties, GATT and the transitional provisions of relevant copyright legislation to determine whether works are covered by current or old legislation.

Under French law, all of Godard's films will remain in copyright until 70 years from date of his death (he is alive and well and living in Switzerland [78 years old and still working]) or the date of death of the last surviving lyricist, composer or screen-writer where they are different people.